Prior to hiring a new professional staff member,an auditing firm checks public records to see if a prospective employee has ever been convicted of petty theft? Is this ethical?

Question

Quizplus · Accepted Answer

1. **Privacy vs. Transparency**: On one hand, individuals have a right to privacy, which includes the right to keep their past mistakes private, especially if they have served their sentence and are rehabilitated. On the other hand, an auditing firm has a legitimate interest in ensuring the integrity and trustworthiness of its staff, given the sensitive nature of the work involving financial records and confidential information.
2. **Relevance of the Crime**: Petty theft, while not a major felony, is directly related to issues of trust and honesty, which are critical in the auditing profession. The firm may argue that such a conviction is relevant to the job and its ethical standards, as it could indicate a propensity for dishonest behavior.
3. **Legal Compliance**: The firm must comply with laws regarding background checks and employment. In many jurisdictions, there are regulations that limit the use of criminal records in hiring decisions. For example, the "Ban the Box" movement has led to laws that prohibit employers from asking about criminal history on initial job applications. Furthermore, the Equal Employment Opportunity Commission (EEOC) in the United States provides guidelines on how to consider criminal records in a way that does not discriminate.
4. **Fair Chance for Rehabilitation**: Ethically, society generally believes in giving individuals a second chance. This means that if a person has been convicted of petty theft but has since paid their dues to society and shown evidence of rehabilitation, it may be considered unfair or unethical to hold this against them in perpetuity, especially if the conviction is old or was an isolated incident.
5. **Consistency and Non-Discrimination**: The firm should apply its background check policies consistently and fairly to all applicants. If it only checks the criminal records of certain individuals based on arbitrary criteria, this could be discriminatory and unethical.
6. **Proportionality**: The firm should consider the severity and timing of the offense. A recent conviction might be more relevant than one that occurred many years ago, and a single minor incident might be viewed differently than a pattern of criminal behavior.
In conclusion, it can be ethical for an auditing firm to check public records for a prospective employee's criminal history, including convictions for petty theft, provided that the firm does so within the bounds of the law, applies its policies consistently and fairly, and takes into account the relevance of the information to the job in question. The firm should also consider the potential for rehabilitation and ensure that such checks are not used in a discriminatory manner.

Prior to Hiring a New Professional Staff Member,an Auditing Firm